Rules for Legal Nonconforming Structures in the City of Kissimmee
Legal nonconforming structures in the City of Kissimmee are permitted to continue but may not be enlarged or altered in any manner that increases their degree of nonconformity. If a structure is destroyed by more than 50% of its appraised value, or if it is declared unsafe by the building or fire department, the City of Kissimmee requires that it be rebuilt or restored in full compliance with the current Land Development Code. Additionally, structures housing nonconforming uses face stricter maintenance limits, where repair costs per permit cannot exceed 10% of the structure's appraised value.
General Principles for Nonconformity
The City of Kissimmee defines legal nonconformities as structures, lots, site improvements, or uses that were lawful before the current Land Development Code (LDC) was passed or amended but now violate its provisions. The City of Kissimmee Land Development Code declares these nonconformities incompatible with the districts where they are located. The general intent of the City of Kissimmee is to provide for the regulation of these structures while aiming for their gradual elimination [Section 14-1-7 and Section 14-1-8].
Structural Maintenance and Alterations
Property owners in the City of Kissimmee may perform routine maintenance and repairs on nonconforming structures provided such work does not increase the extent of the nonconformity. However, the Land Development Code places specific restrictions on the scale of changes permitted.
Restrictions on Improvements
| Action Type | Rule for Nonconforming Structures in Kissimmee |
|---|---|
| Increase of Nonconformity | Prohibited; no structure shall be constructed or altered to create a new or increase an existing structural nonconformity [Section 14-1-9.A]. |
| Additions/Construction | Permitted only if the enlargement or alteration does not increase an existing nonconformity or create a new one [Section 14-1-9.B]. |
| Maintenance (Standard) | Allowed for structures not utilized by nonconforming uses, provided the nonconformity is not increased [Section 14-1-9.C]. |
| Maintenance (with Nonconforming Use) | If the structure houses a nonconforming use, the cost of maintenance and repair under any one permit cannot exceed 10% of the appraised value of the structure [Section 14-1-12.B.4]. |
| Replacement (Destruction) | Rebuilding is prohibited unless in full compliance if the structure is destroyed by any means to an extent exceeding 50% of its appraised value [Section 14-1-9.D]. |
| Unsafe Structures | Structures declared unsafe by the City of Kissimmee may only be restored to a safe condition if they can meet all current Land Development Code requirements [Section 14-1-9.E]. |
Redevelopment and Exceptions
When a property undergoes redevelopment in the City of Kissimmee, the level of required compliance depends on whether the project is classified as "substantial."
- Substantial Redevelopment: If the project meets the definition of "substantial improvement" (cumulative costs $\geq$ 50% of the building's market value), the entire development site must be brought into compliance with the City of Kissimmee Land Development Code [Section 14-1-5.A].
- Non-substantial Redevelopment: Only the new additions or exterior modifications must comply with the Land Development Code. Compliance with parking, landscaping, and screening is only triggered if the modifications necessitate additional parking or screening [Section 14-1-5.B].
Exceptions to Full Compliance
The City of Kissimmee allows for three specific exceptions to full Code compliance during redevelopment:
- Building Setbacks: Existing buildings are not required to be moved or expanded to meet current setback requirements. However, all new buildings or additions must meet the building setback provisions unless the Director grants a waiver for additions [Section 14-1-5.C.1].
- Floor-to-Ceiling Height: Existing buildings undergoing redevelopment do not have to meet minimum floor height requirements, though new buildings on the site must comply [Section 14-1-5.C.2].
- Building Frontage: Existing buildings are not required to meet minimum building frontage requirements. New buildings and additions must comply [Section 14-1-5.C.3].
Special Circumstances
Eminent Domain
Nonconformities created or increased by an eminent domain action (condemnation proceedings or negotiations) are considered legal and conforming by the City of Kissimmee. If nonconforming improvements on a remainder parcel are partially or totally destroyed by natural forces or "acts of God," they may be reconstructed to their post-taking condition regarding setback, size, and height [Section 14-1-13.B].
Nonconforming Signs
The City of Kissimmee allows any sign that has become nonconforming as to permitted copy area or other reasons to be maintained for a maximum period of five years. This status is lost if the sign is abandoned, destroyed, or substantially damaged to an extent exceeding 50% of the value of the sign [Section 14-11-12 and Section 14-11-2.D].
Ownership Changes
A change in tenancy, management, or ownership does not affect the status of a legal nonconforming structure, lot, or use in the City of Kissimmee [Section 14-1-8.C].
Sections Cited
- Section 14-1-5. Redevelopment.
- Section 14-1-7. General.
- Section 14-1-8. General intent.
- Section 14-1-9. Nonconforming structures.
- Section 14-1-12. Nonconforming uses.
- Section 14-1-13. Properties affected by eminent domain proceedings.
- Section 14-11-2. Applicability.
- Section 14-11-12. Legal nonconforming signs.